671.755 Issuance
of business license by metropolitan service district; city business license tax

671.760 Business
income tax

PENALTIES

671.990 Penalties
for violations of ORS 671.010 to 671.220 or 671.530

671.992 Criminal
penalties for violations of ORS 671.310 to 671.459

671.995 Civil
penalties for violations of ORS 671.310 to 671.459

671.997 Civil
penalties for violations of ORS 671.510 to 671.760

ARCHITECTS

671.010
Definitions for ORS 671.010 to 671.220. As used in ORS 671.010 to 671.220,
unless the context requires otherwise:

(1)
“Architect” means an individual qualified and registered to practice
architecture under ORS 671.010 to 671.220, a consulting architect or a foreign
architect.

(2)
“Board” means the State Board of Architect Examiners.

(3)
“Building” means any structure consisting of foundations, floors, walls and
roof, having footings, columns, posts, girders, beams, joists, rafters, bearing
partitions, or a combination of any number of these parts, with or without
other parts or appurtenances thereto.

(4)
“Consulting architect” means a person who is licensed or registered by a
jurisdiction in the United States or Canada to use the title of “Architect” and
engage in the unlimited practice of architecture and who is not subject to
practice restrictions as the result of disciplinary action by any architect
licensing or registration board.

(5)
“Firm” means a corporation, limited liability company or partnership operating
under a corporate or assumed business name and engaging in the provision of
architectural services.

(6)
“Foreign architect” means a person who is licensed or registered by a country
other than the United States or Canada to use the title of “Architect” and
engage in the unlimited practice of architecture and who is not subject to
practice restrictions as a result of disciplinary action by the architect
licensing or registration board issuing the license or registration.

(7)
“Practice of architecture” means the planning, designing or observing of the
erection, enlargement or alteration of any building or of any appurtenance
thereto other than exempted buildings.

(8)
“Registered professional engineer” has the meaning given that term in ORS
672.002.

671.020
Registration requirement; consulting architects; foreign architects; rules; use
of title; stamp; use of name. (1) In order to safeguard health,
safety and welfare and to eliminate unnecessary loss and waste in this state, a
person may not engage in the practice of architecture or assume or use the
title of “Architect” or any title, sign, cards or device indicating, or tending
to indicate, that the person is practicing architecture or is an architect or
represent in any manner that the person is an architect, without first
qualifying before the State Board of Architect Examiners and obtaining a
certificate of registration as provided by ORS 671.010 to 671.220.

(2)
Notwithstanding subsection (1) of this section, a consulting architect may
engage in the practice of architecture if the consulting architect:

(a)
Is affiliated with an Oregon-registered architect who is in responsible charge
of all aspects of the architectural services provided; and

(b)
Uses the designation of “Consulting Architect, in consultation with,” followed
by the name of the Oregon-registered architect described in paragraph (a) of
this subsection and the name of the architectural firm.

(3)
Notwithstanding subsection (1) of this section, a foreign architect may engage
in the practice of architecture if:

(a)
The foreign architect is affiliated with an Oregon-registered architect who is
in responsible charge of all aspects of the architectural services provided;

(b)
The foreign architect uses the designation of “Foreign Architect, in
consultation with,” followed by the name of the Oregon-registered architect
described in paragraph (a) of this subsection and the name of the architectural
firm; and

(c)
The board determines that the jurisdiction in which the foreign architect is
licensed or registered has adequate education and training standards. The
board, by rule, may recognize agreements between a national certification
organization and the foreign jurisdiction as proof of education and training
standards.

(4)
A person may not practice or attempt to practice the profession of
architecture, or assume the title of “Architect,” “Consulting Architect” or “Foreign
Architect,” or use in connection with the business of the person any words,
letters or figures indicating the title of “Architect, ”Consulting Architect”
or “Foreign Architect” without first complying with ORS 671.010 to 671.220.

(5)
Every registered architect shall, upon registration, obtain a stamp of the
design authorized by the board. All drawings and the title page of all
specifications intended for use as construction documents in the practice of
architecture must bear the stamp of a registered architect and be signed by the
architect. The stamp and signature constitute certification that the architect
has exercised the requisite professional judgment about and made the decisions
upon all matters embodied within those construction documents, that the
documents were prepared either by the architect or under the direct control and
supervision of the architect and that the architect accepts responsibility for
the documents.

(6)
Except as provided in ORS 671.041, an architect registered under ORS 671.010 to
671.220 may pursue the practice of architecture only under the architect’s own
name as that name appears in the certificate of registration. [Amended by 1955
c.407 §1; 1957 c.408 §2; 1961 c.585 §4; 1971 c.587 §1; 1977 c.803 §2; 1979
c.354 §1; 2003 c.763 §2; 2013 c.196 §2]

671.025
Certain drawings and specifications to carry stamp; identification. (1) Any person
applying for a license or permit required under the laws of this state or the
ordinances of any jurisdiction in which the person proposes to erect,
construct, enlarge, alter, repair, move, improve, remove or convert a building
shall submit an original or reproduction of the drawings and specifications for
the work proposed. The drawings and specifications must:

(a)
Bear the stamp of a registered architect or registered professional engineer if
the services of a registered architect or registered professional engineer are
required under ORS 671.010 to 671.220; and

(b)
Be drawn to scale with sufficient clarity to indicate the nature and extent of
the work proposed and that the work proposed conforms with the requirements of
ORS 671.010 to 671.220, the state building code and any other applicable laws
and ordinances.

(2)
The drawings and specifications must bear identification that includes, but is
not limited to:

(a)
The project name and location;

(b)
The name, address and telephone number of the person responsible for the
preparation of the documents;

(c)
The name, address and telephone number of the owner; and

(d)
The date the documents were issued.

(3)
Each jurisdiction that requires the issuance of a permit as a condition
precedent to the construction, alteration, improvement or repair of any
building or structure shall require the signature and registration stamp on the
drawings and specifications from a person authorized to prepare the drawings
and specifications.

(4)
The registration stamp and signature on the drawings and specifications of the
architect or engineer preparing the drawings and specifications constitute
compliance with this section.

(5)
This section does not apply to the issuance of permits if the preparation of
the drawings and specifications for the construction, alteration, improvement
or repair of a building or structure is exempt from the provisions of this
section, except that the person preparing the drawings and specifications for
others shall be so identified. [1961 c.585 §3; 1977 c.803 §3; 1991 c.910 §1;
2013 c.196 §3]

671.030
Activities not considered as “practice of architecture.” (1) ORS 671.010
to 671.220 do not apply to the practice of naval or landscape architecture or
of engineering by a registered professional engineer or a person engaged in
architecture or engineering work as an employee of an architect or registered
professional engineer.

(2)
ORS 671.010 to 671.220 do not prohibit:

(a)
Draftsmen, clerks of the work, superintendents and other employees of
registered architects and registered professional engineers from acting under
the instructions, control or supervision of their employers. A draftsman,
clerk, superintendent or other employee may not use the designation “architect,”
“architectural” or “architecture” unless registered under the provisions of ORS
671.010 to 671.220, or unless a title containing the designation is provided by
rule of the State Board of Architect Examiners.

(b)
A person from making drawings or specifications for, or observing the erection,
enlargement or alteration of, a building, or an appurtenance to a building, if
the building:

(A)
Is to be used for a single family residential dwelling or farm building; or

(B)
Is a structure used in connection with or auxiliary to a single family
residential dwelling or farm building, including but not limited to a three-car
garage, barn or shed or a shelter used for the housing of domestic animals or
livestock.

(c)
A person from making drawings or specifications for, or observing the erection,
enlargement or alteration of, a building, or an appurtenance to a building, if
the building has a ground area of 4,000 square feet or less and is not more
than 20 feet in height from the top surface of lowest flooring to the highest
interior overhead finish of the structure.

(d)
A person from planning, designing, specifying or observing the alterations or
repairs to a building if:

(A)
The structural part of the building, including but not limited to the
foundation walls, floors, roof, footings, bearing partitions, beams, columns
and joists, is not involved;

(B)
The building code classification by use or occupancy of the building is not
changed; and

(C)
The building code classification by type of construction of the building is not
changed.

(e)
A contractor or duly appointed superintendent or foreman from directing the
work of erecting, enlarging or altering a building, or an appurtenance to a
building, under the observation of a registered architect or under the
supervision of a registered professional engineer.

(f)
A person practicing marine, naval or landscape architecture from purporting to
be a marine, naval or landscape architect if the work is confined and limited
to those classifications.

(A)
The services are appurtenant to construction services to be provided by the
contractor;

(B)
The services constituting the practice of architecture are performed by an
architect registered under ORS 671.010 to 671.220 or provided by a firm
registered under ORS 671.010 to 671.220; and

(C)
The offer by the construction contractor discloses in writing that the
contractor is not an architect and identifies the registered architect who will
perform the services constituting the practice of architecture or the firm that
will provide the architectural services. [Amended by 1955 c.407 §2; 1957 c.408 §3;
1987 c.158 §134; 1991 c.910 §2; 2001 c.362 §1; 2003 c.763 §3; 2013 c.196 §4]

(2)
A firm may engage in the provision of architectural services in this state
under a corporate or assumed business name if:

(a)
At least two-thirds of the board of directors of a corporate firm, or owners
having at least a two-thirds ownership interest in a noncorporate firm, are
registered or licensed as architects or as engineers in any jurisdiction recognized
by rule of the State Board of Architect Examiners or the State Board of
Examiners for Engineering and Land Surveying;

(b)
At least one-third of the board of directors of a corporate firm or owners
having at least a one-third ownership interest in a noncorporate firm are
architects registered or licensed in any jurisdiction recognized by rule of the
State Board of Architect Examiners;

(c)
All persons in charge of the practice of architecture in this state for the
firm are:

(A)
Members of the board of directors or owners of the firm;

(B)
Regularly employed in the office of the firm that directs and has supervisory
control of the practice of architecture in this state; and

(C)
Registered as architects under ORS 671.010 to 671.220;

(d)
The corporate or assumed business name does not include the surname of an
individual who is not presently or was not previously associated in the
practice of architecture or engineering in this state or in any jurisdiction
recognized by rule of the State Board of Architect Examiners or the State Board
of Examiners for Engineering and Land Surveying with the named entity or with
the members or predecessors of the named entity; and

(e)
The corporate or assumed business name identifies the firm as being engaged in
the provision of architectural services.

(3)
A firm must register with the State Board of Architect Examiners before the
firm may provide architectural services. A firm must file a renewal of the
registration as provided by rule of the board.

(4)
All professional documents issued by the firm that are required by ORS 671.010
to 671.220 to bear the stamp of an architect must bear the stamp of the
architect responsible for the preparation of the documents and bear the
corporate or assumed business name of the firm.

(5)
Notwithstanding subsections (2) and (3) of this section, a professional
corporation that existed on September 29, 1991, may engage in the provision of
architectural services if the stockholders owning a majority of the stock of
the corporation are registered as architects under ORS 671.010 to 671.220 or
professional engineers under ORS 672.002 to 672.325.

(6)
In adopting rules required by this section, the State Board of Architect
Examiners or the State Board of Examiners for Engineering and Land Surveying
shall recognize jurisdictions that enforce requirements for registration or
licensing of architects or engineers that are substantially equal to the
requirements for registration of architects or engineers in this state. [1969
c.596 §2 (enacted in lieu of 671.040); 1971 c.587 §2; 1977 c.803 §4; 1985 c.764
§2; 1991 c.910 §3; 1995 c.327 §§ 1,6; 2013 c.196 §5]

671.045
Liability of professional corporation. ORS 671.041 to 671.047 do not affect
the law applicable to the professional relationship and liabilities between a
person rendering professional service and a person receiving the service, and
ORS 671.041 to 671.047 do not affect the standards of professional conduct of a
profession. A shareholder, director, officer, employee or agent of a professional
corporation may be held personally liable for negligent or wrongful acts or
misconduct committed by that person, or by a person under the direct
supervision and control of that person, while rendering professional service on
behalf of the corporation to a person receiving the service the same as though
the service was being rendered by an individual. A shareholder, director or
officer may also be held liable for negligent or wrongful acts or misconduct in
participation with such acts or misconduct of another shareholder, director or
officer of the corporation. The corporation is jointly and severally liable up
to the full value of its assets for such acts or misconduct. However, the
shareholders, directors, officers, employees and agents of the corporation are
not personally liable for the debts or other contractual obligations of the
corporation. [1969 c.596 §3; 1977 c.803 §5; 1991 c.910 §4; 1997 c.249 §203]

671.047
Application of general corporation law to professional corporations. The Oregon
Business Corporation Act is applicable to professional corporations and they
enjoy the powers and privileges and are subject to the duties, restrictions and
liabilities of corporations organized under the Oregon Business Corporation
Act, except when inconsistent with ORS 671.041 to 671.047. ORS 671.041 to
671.047 take precedence in the event of any conflict with provisions of the
Oregon Business Corporation Act or other law. [1969 c.596 §4; 1977 c.803 §6]

671.050
Application for certificate of registration; qualifications. (1) Any person
desiring the right to practice architecture in the State of Oregon shall apply
to the State Board of Architect Examiners upon such forms and in such manner as
may be provided by the board. In addition to possessing the qualifications
required by ORS 671.010 to 671.220, each applicant must be at least 18 years of
age.

671.060
Examination of applicants; issuing certificates; rules. (1) The State
Board of Architect Examiners shall examine applicants for certificates of
registration according to the method deemed by the board to be the most
practicable to test the applicants’ qualifications. Examinations may be written
or oral or both written and oral and shall cover such subjects and be graded on
such basis as the board determines by administrative rule. The board may adopt
the examination and the recommended grading procedures of the National Council
of Architectural Registration Boards. The board shall prescribe the minimum
educational and experience requirements for applicants by administrative rule.

(2)
The board shall issue a certificate of registration to each examined applicant
that a majority of the board deems to be properly qualified. [Amended by 1973
c.832 §22; 2013 c.196 §7]

671.065
Certification based on recognition by national council or other jurisdictions. (1) The State Board
of Architect Examiners may grant a certificate of registration without
examination to any person who is not registered to practice architecture in
this state but is certified by the National Council of Architectural
Registration Boards or has lawfully been issued a license or certificate to
practice in another jurisdiction of the United States or another country that
has qualifications and licensing examinations substantially similar to those
required in this state.

(2)
A person who seeks to practice architecture in this state and meets the
requirements for certification in subsection (1) of this section may offer to
render architectural services without being issued a certificate of
registration by the board, if the architect advises the prospective client and
the board in writing and submits an application for registration in this state.
The person may use the title of “Architect” while offering to render
architectural services, but may not represent that the person is qualified to
practice under ORS 671.010 to 671.220. [1977 c.803 §9; 2003 c.763 §4]

671.070 [Repealed by
1977 c.803 §18 and 1977 c.842 §14]

671.080
Renewal; fee; effect of failure to renew; inactive status; rules. (1) Each
registrant who desires to continue as an architect in this state shall submit
to the State Board of Architect Examiners, on or before the renewal deadline
established by board rule, a renewal application and the renewal fee authorized
under ORS 671.085. The registrant shall also furnish evidence satisfactory to
the board that the registrant has complied with any continuing education
requirements adopted by the board under ORS 671.125, unless those requirements
have been waived. Upon payment and, if required, the furnishing of satisfactory
evidence, the board shall issue to the registrant a certificate of renewal of
registration.

(2)
If a registrant fails to have a certificate renewed on or before the renewal
deadline established by board rule, the registrant is delinquent. The
registrant may renew the certificate not later than the 30th day after the
renewal date, without penalty, if the registrant pays the renewal fee and
furnishes evidence satisfactory to the board that the registrant has complied
with any continuing education requirements adopted by the board under ORS
671.125, unless those requirements have been waived. The registrant may renew
the certificate after the 30th day after the renewal date, if the registrant
pays the renewal fee plus a late fee in an amount to be prescribed by the board
by rule, and furnishes evidence satisfactory to the board that the registrant
has complied with any continuing education requirements adopted by the board
under ORS 671.125, unless those requirements have been waived.

(3)
Any person who fails to pay the renewal fee, with any late fees, or fails to
furnish evidence satisfactory to the board that the registrant has complied
with any continuing education requirements adopted by the board under ORS
671.125, unless those requirements have been waived, for a period of 60 days, forfeits
the right to practice architecture in this state. The person may be reinstated
as an architect only upon passing examinations required by the board, by
complying with any continuing education requirements adopted by the board under
ORS 671.125 and by paying any required fees and penalties.

(4)
The board may grant inactive status to any registered architect who gives up
the practice and while in good standing makes a request in writing to the
board. The architect may resume practice by complying with any continuing
education requirements adopted by the board under ORS 671.125 and paying any
required fees and penalties. [Amended by 1957 c.408 §4; 1973 c.832 §23; 1977
c.803 §10; 1977 c.873 §2a; 1991 c.910 §5; 1997 c.643 §10; 1999 c.802 §§2,3;
2003 c.763 §5; 2013 c.196 §8]

671.085
Fees; rules.
In addition to any other fee imposed by the State Board of Architect Examiners
by rule, the board may impose fees for the following:

671.090
Grounds for denial, suspension or revocation of certificates. The State Board
of Architect Examiners may refuse to grant, reinstate or renew, or may suspend
or revoke, a certificate of registration to engage in the practice of
architecture or in the provision of architectural services in this state upon
proof of one or more of the following grounds:

(1)
Using fraud or deception in applying for a certificate of registration or in
passing an examination as provided in ORS 671.010 to 671.220.

(2)
Falsely impersonating a practitioner or former practitioner.

(3)
Practicing under an assumed or fictitious name or a firm name contrary to the
provisions of ORS 671.010 to 671.220.

(4)
Demonstrating fraud, deceit, gross negligence, incompetency or misconduct in
the practice of architecture or in the provision of architectural services.

(5)
Willfully evading or attempting to evade any law, ordinance, code or regulation
of the state, or counties and cities of this state, governing construction of
buildings.

(6)
Stamping or signing any drawings or specifications that were not prepared by
the architect or under the architect’s direct control and supervision.

(7)
Unbeknown to a party for whom the architect is doing work, receiving rebates,
commissions, grants of moneys or favors which the architect is not entitled to
or justified in receiving.

(8)
Engaging in the practice of architecture or the provision of architectural
services in a manner contrary to the provisions and requirements of ORS 671.010
to 671.220.

(9)
Failing to comply with any continuing education requirements adopted by the
board under ORS 671.125, unless the requirements have been waived by the board.

(10)
Being convicted of any crime under circumstances that relate to the practice of
architecture or the provision of architectural services.

671.100
Disciplinary authority of board; charges. (1) The State Board of Architect
Examiners may revoke, suspend or annul the certificate of registration to
practice architecture in this state of an architect, or reprimand, censure or
otherwise discipline an architect who violates any provision of ORS 671.010 to
671.220 or any rule adopted under ORS 671.010 to 671.220.

(2)
Any person may prefer charges against a holder of a certificate of registration
to practice architecture. The charges must be in writing and be sworn to by the
complainant. The board shall take action on the preferred charges at the next
regular board meeting following receipt of the charges. [Amended by 1971 c.734 §105;
2013 c.196 §11]

671.105
Hearing required in disciplinary action; judicial review of board orders. (1) If the
State Board of Architect Examiners proposes to refuse to issue or renew a
certificate of registration, to revoke or suspend a certificate of registration
or to reprimand, censure or otherwise discipline an architect or firm,
opportunity for hearing shall be accorded as provided in ORS chapter 183.

671.120
State Board of Architect Examiners; members; term; chair. The State Board
of Architect Examiners shall operate as a semi-independent state agency subject
to ORS 182.456 to 182.472 for the purpose of carrying out ORS 671.010 to
671.220. The board shall be composed of seven members appointed by the Governor
to four-year terms with three terms maximum. The chair of the board shall be
elected by the board from among the current members. The board shall have as
members:

(1)
Five architects who are residents of Oregon and who have resided in this state
for a period of not less than five years; and

671.125
Rulemaking authority of board. In accordance with any applicable
provisions of ORS chapter 183, the State Board of Architect Examiners may:

(1)
Adopt reasonable rules necessary for the administration of the laws the board
is charged with administering; and

(2)
Adopt reasonable rules prescribing standards of professional conduct for
architects and rules requiring continuing professional education for
architects. In adopting rules under this subsection, the board shall give
consideration to national standards and practices as a means of facilitating
reciprocal registration and licensing of architects among jurisdictions
recognized by the board. The board shall also consider local practices. [1977
c.803 §15; 1999 c.802 §1; 2013 c.196 §13]

671.220
Civil penalties; injunction; effect of failure to be registered; representation
of membership in trade or professional organization; use of civil penalty
moneys.
(1) The State Board of Architect Examiners may assess a civil penalty, not to
exceed $5,000 per offense, against any person who violates any provision of ORS
671.010 to 671.220 or any rule adopted under ORS 671.010 to 671.220. A civil
penalty authorized under this section is in addition to and not in lieu of any
other penalty or sanction provided by law.

(2)
If the board determines that a person is engaging or about to engage in an
activity in violation of ORS 671.020 or 671.041, the board may institute a
proceeding in an appropriate circuit court to restrain the activity or proposed
activity. An injunction may be issued without proof of actual damages, but does
not relieve the defendant from the imposition of a civil penalty for violation
of ORS 671.010 to 671.220.

(3)
A person practicing architecture may not maintain a proceeding in a court of
this state in regard to the practice of architecture unless the person alleges
and proves that the person was registered as an architect under ORS 671.010 to
671.220, or was an affiliated consulting architect or foreign architect, at the
time of practicing architecture. A firm engaged in the provision of
architectural services may not maintain a proceeding in any court of this state
in regard to the provision of architectural services unless the firm was
registered under ORS 671.010 to 671.220 at the time of providing the
architectural services.

(4)
Civil penalties under this section shall be imposed as provided in ORS 183.745.

(5)
ORS 671.010 to 671.220 do not prevent any person from representing the person’s
membership or affiliation with any bona fide professional or trade organization
unless the representation is made to advance that person’s unlicensed practice
of architecture or unlawful attempt to practice architecture.

671.310
Definitions for ORS 671.310 to 671.459. As used in ORS 671.310 to 671.459,
unless the context requires otherwise:

(1)
“Board” means the State Landscape Architect Board.

(2)
“Design” means layout, form and establishment of grades and tangible site
features for services described in subsection (5) of this section.

(3)
“Landscape architect” means an individual who engages in the practice of
landscape architecture.

(4)
“Landscape architect in training” means a person registered as a landscape
architect in training under ORS 671.316 (3).

(5)
“Landscape architecture” or the “practice of landscape architecture” means the
performance of, or offer to perform, professional services that have the
dominant purpose of landscape preservation, development and enhancement,
including but not limited to reconnaissance, research, planning, landscape and
site design, the preparation of related drawings, construction documents and
specifications and responsible construction observation. “Landscape
architecture” or the “practice of landscape architecture” includes the
location, arrangement and design of tangible objects and features that are
incidental and necessary for landscape preservation, development and
enhancement.

(6)
“Landscape preservation, development and enhancement” means:

(a)
The preservation and aesthetic and functional enhancement of land uses and
natural land features;

(b)
The location and construction of aesthetically pleasing and functional systems,
approaches and settings for structures, roadways and walkways or other
improvements for natural drainage and erosion control;

(c)
Design for trails, pedestrian systems, plantings, irrigation, site lighting,
grading and drainage and other site features;

(d)
Investigation, selection and allocation of land and water resources for
appropriate uses;

(e)
Feasibility studies;

(f)
Formulation of graphic and written criteria to govern the planning and design
of land conservation programs;

(g)
Preparation, review and analysis of master plans for land use and development;

(h)
Production of overall site plans, plans for grading, drainage, irrigation and
planting, and related construction details;

(i)
Development specifications, cost estimates and reports;

(j)
Collaboration in the design of roads, bridges and structures with respect to
the functional and aesthetic requirements of the areas where the roads, bridges
and structures are to be placed;

(k)
Negotiation and arrangement for execution of land area projects; and

(L)
Field observation of land area construction, restoration and maintenance.

671.312
Purpose of ORS 671.310 to 671.459, 671.992 and 671.995. ORS 671.310 to
671.459, 671.992 and 671.995 are enacted in order to introduce qualifying
criteria in the professional practice of landscape architecture. This action is
necessary to safeguard public health, safety, welfare and property and to
eliminate unnecessary loss and waste in this state. These safeguards are in the
practice of landscape architecture as it relates to engineering, architecture,
ground water, land use planning, landscape hazards, the further development of
the practice of landscape architecture and the landscape architectural concerns
of the people of this state. [1983 c.455 §3; 1995 c.189 §1; 2001 c.950 §12]

671.315 [1981 c.536 §2;
1995 c.189 §2; repealed by 2001 c.950 §23]

671.316
Registration requirement for practice of landscape architecture; registration
as landscape architect in training; rules. (1) Except as provided in this
section, unless an individual is registered as a landscape architect by the
State Landscape Architect Board, the individual may not engage in the practice of
landscape architecture. Unless an individual is registered as a landscape
architect by the board, the individual may not use the title of “landscape
architect,” “registered landscape architect” or “landscape architectural
designer” or use other titles or any words, letters, figures, signs, cards,
advertisements, symbols or other devices to represent that the individual or a
business associated with the individual is authorized to practice landscape
architecture.

(2)
A person may not knowingly aid or abet an individual who is not registered as
required under this section in the practice of landscape architecture.

(3)
Notwithstanding subsections (1) and (2) of this section, the board may register
a person as a landscape architect in training if the person meets the education
and experience standards established by board rule and passes a board approved
examination. The board shall adopt rules establishing fees and specifying the
qualifications, duties, functions and powers of a landscape architect in training.
[2001 c.950 §2]

671.318
Businesses providing landscape architecture services. A business may
not provide landscape architecture services unless the work is under the full
authority and responsible charge of a registered landscape architect who is also
an owner or officer of the business. A business shall file a form with the
State Landscape Architect Board identifying responsible landscape architects by
name and registration number. The filing must also describe the services that
the business is offering to the public. The filing must be in a form prescribed
by the board. The business shall notify the board in writing no later than 30
days after a change of registered owners or officers or a change of business
name or address. [2001 c.950 §3]

671.320 [1961 c.431 §2;
repealed by 1977 c.842 §10]

671.321
Activities not considered practice of landscape architecture. (1) ORS 671.310
to 671.459, 671.992 and 671.995 do not restrict or otherwise affect the right
of any person to:

(a)
Practice architecture under ORS 671.010 to 671.220;

(b)
Practice engineering under ORS 672.002 to 672.325;

(c)
Engage in the occupation of growing and marketing nursery stock, or use the
title “nurseryman” or “landscape nurseryman”;

(d)
Operate as a landscape construction professional or landscape contracting
business under ORS 671.510 to 671.760 or use the title “landscape construction
professional” or “landscape contractor”;

(e)
Engage in making plans or drawings for the selection, placement or use of
plants or other site features unless the plans or drawings are for the purpose
of providing construction details and specifications not otherwise exempted;

(f)
Use the title “landscape designer” in connection with activities described
under paragraph (e) of this subsection;

(g)
Make any plans, drawings or specifications for property owned by that person;
or

(h)
Provide recommendations or written specifications for soil amendments or
planting mediums if the recommendations or specifications are solely for
purposes of plant installation and do not significantly alter the stability of
the soil profile or surface drainage patterns.

(2)
The scope of services described in ORS 671.310 (5) and (6) does not preclude a
registered landscape architect from:

(a)
Planning the development of land areas and elements used on land areas; or

(b)
Performing services described in ORS 671.310 (5) and (6) in connection with the
settings, approaches or environment for buildings, structures or facilities in
accordance with legally established standards for public health, safety and
welfare.

(3)
ORS 671.310 to 671.459, 671.992 and 671.995 do not apply to:

(a)
The preparation of detailed or shop drawings that a construction contractor is
required to furnish or the administration of construction contracts by a person
customarily engaged in contracting work.

(b)
The preparation of technical submissions or the administration of construction
contracts by employees of a landscape architect or a landscape architecture
business when acting under the direct supervision of a registered landscape
architect.

(c)
Employees of the federal government acting within the scope of that employment.
[2001 c.950 §5; 2007 c.541 §10; 2009 c.483 §6]

671.325
Application for registration; fee. (1) Any individual desiring to be
registered as a landscape architect in this state shall make application to the
State Landscape Architect Board 15 days prior to any meeting of the board upon
such forms and in such manner as may be provided by the board. In addition to
the qualifications required by ORS 671.310 to 671.459, each applicant shall be
at least 18 years of age.

671.335
Examination; qualifications for registration; rules. (1) Examination
of an applicant for a certificate of registration shall be made by the State
Landscape Architect Board according to the method deemed by it to be the most
practicable to test the applicant’s qualification. Examinations shall be
written or oral or both written and oral and shall cover such subjects and be
graded on such basis as the board shall determine by rule. The board may adopt
the examination and the recommended grading procedures of the Council of
Landscape Architectural Registration Boards or the standards and procedures of
any other landscape architect association. The board shall prescribe the
minimum education and experience requirements for applicants by administrative
rule.

(2)
A certificate of registration shall be granted to any applicant who after the
examination is, in the opinion of the board, properly qualified as determined
by rule by the board. A certificate of registration shall be denied to an
applicant who, in the opinion of the board, is not properly qualified as
determined by the board by rule. [1981 c.536 §4; 1995 c.189 §4]

(a)
In addition to any exemption from disclosure provided under ORS 192.501 (4),
State Landscape Architect Board examination materials, file records of
examination grading and performance, transcripts from educational institutions,
letters of inquiry, letters of reference and board inquiry forms concerning
applicants or registrants are confidential and may not be disclosed except as
provided in paragraph (b) of this subsection or subsection (2) of this section.

(b)
Investigatory information developed or obtained by the board is confidential
and not subject to disclosure by the board unless a notice is issued for a
contested case hearing or the matter investigated is finally resolved by board
action or a consent order. The board shall notify the registrant of the
investigation. The public may obtain information confirming that an
investigation is being conducted and describing the general nature of the
matter being investigated.

(2)
The board may appoint an advisory committee to conduct an investigation
described under subsection (1)(b) of this section on behalf of the board.
Investigatory information developed or obtained by an advisory committee is
confidential unless a notice is issued for a contested case hearing or the
matter investigated is finally resolved by board action or a consent order. The
board may discuss in open session matters that are being reviewed by an
advisory committee, but may not disclose confidential information into the
public record.

(3)
Notwithstanding any confidentiality established under subsection (1) or (2) of
this section, if the board or an advisory committee meets in executive session
to discuss an investigation, the board or committee may permit other public
officials and members of the press to attend the executive session.
Notwithstanding ORS 192.610 to 192.690, the public officials and members of the
press attending the executive session may not disclose information discussed by
the board or committee during the session until the information ceases to be
confidential under subsection (1) or (2) of this section. [2001 c.950 §6; 2003
c.14 §415]

671.340 [1961 c.431 §3;
1973 c.827 §63; repealed by 1977 c.842 §10]

671.345
Registration based on recognition by other jurisdictions; fee. (1) The State
Landscape Architect Board may register as a landscape architect, without
examination, any individual who applies for such registration under ORS
671.325, and:

(a)
On the date of making application is a landscape architect licensed or
registered under the laws of any other state or territory of the United States,
if the requirements for the licensing or registration of landscape architects
in the state or territory in which the applicant is licensed or registered on
the date of licensing or registration in such state or territory were
substantially equal to the requirements for the registration of landscape
architects in this state on the date of the application; or

(b)
Within the five years immediately preceding application has passed a national
examination acceptable to the board.

671.365
Fees; rules.
The State Landscape Architect Board may establish by rule the amounts for fees
to be charged and collected under ORS 671.310 to 671.459. The fees shall
include, but are not limited to:

(1)
An examination fee.

(2)
A fee for original registration of out-of-state landscape architect under ORS
671.345.

671.376
Renewal; fee; late fee; failure to renew; rules; inactive status. (1) Each
registrant who desires to continue as a landscape architect or landscape
architect in training in this state shall annually pay to the State Landscape
Architect Board, on or before the renewal date set by the board by rule, the
fee for renewal of registration required under ORS 671.365 (5). Upon payment
the board administrator shall issue to the registrant a certificate of renewal
of registration for a period of one year.

(2)
If a registrant fails to have a certificate renewed on or before the renewal
date set by the board by rule, the registrant shall be deemed delinquent.
However, the registrant may renew the certificate:

(a)
Without a late fee if the registrant pays the renewal fee not later than 30
days after the renewal date; or

(b)
With a late fee in the amount prescribed by the board by rule, if the
registrant pays the renewal fee and late fee later than 30 days, but not later
than 60 days, after the renewal date.

(3)
A person who fails to pay the renewal fee and, if applicable, the late fee for
a period of 60 days after the renewal date may renew the registration only upon
passing examinations required by the board and by paying any required
examination fees, renewal fees and late fees.

(4)
The board may grant inactive status to any registered landscape architect who
gives up the practice of landscape architecture as defined in ORS 671.310 and
while in good standing makes a request in writing to the board. The inactive
landscape architect may resume practice within five years after approval of the
request upon payment of the annual fee for the renewal of registration for the
current year, without a late fee. If the inactive landscape architect fails to
renew the registration within five years, the registration shall be deemed
lapsed. The inactive landscape architect may renew the registration only upon
passing examinations required by the board and by paying any required
examination fees, renewal fees and late fees. [1995 c.189 §8 (enacted in lieu
of 671.375); 2001 c.950 §14; 2005 c.25 §1]

671.379
Stamps.
(1) A registered landscape architect shall obtain a stamp of a design
authorized by the State Landscape Architect Board. The stamp must bear the
name, registration date and registration certificate number of the landscape
architect and the legend “registered landscape architect.”

(2)
A registered landscape architect shall stamp and sign all final drafts of
professional documents that the landscape architect issues for obtaining
permits, obtaining approvals by agencies other than the board or fulfilling
contractual obligations, including maps, plans, designs, contract documents and
reports.

(3)
The signature and stamp of a registered landscape architect constitute
certification that the document was prepared by the landscape architect or
under the supervision and control of the landscape architect. [2001 c.950 §4]

671.393
Code of professional conduct; rules; publication; effect; revision. The State
Landscape Architect Board shall cause to be prepared and shall by rule adopt a
code of professional conduct which shall be known in writing to every landscape
architect and applicant for registration under ORS 671.310 to 671.459. This
code shall be published in the roster of landscape architects. Such publication
shall constitute due notice to all registrants. The board may revise and amend
this code of conduct from time to time and shall promptly notify each registrant
in writing of such revisions or amendments. [1983 c.455 §4; 2003 c.14 §417]

671.395
Continuing education; fee. (1) The State Landscape Architect Board may
establish or approve programs of continuing education that contribute to the
competency of landscape architects. The board may charge a fee for programs of
continuing education it establishes.

(2)
The board may require completion of a program of continuing education
established or approved under this section as a condition for the issuance or
renewal of registration as a landscape architect under ORS 671.310 to 671.459. [1981
c.536 §9; 2001 c.950 §15; 2003 c.14 §418]

671.400 [1961 c.431 §13;
repealed by 1977 c.842 §10]

671.404
Grounds for refusal to register or renew or for suspension. Subject to ORS
chapter 183, the State Landscape Architect Board may refuse to register any
applicant, may refuse to renew the registration of any registered landscape
architect or landscape architect in training, or may suspend for a period not
exceeding one year or revoke the registration of any registered landscape
architect or landscape architect in training if the board finds that the
applicant or registrant is a person who:

(1)
Has used dishonesty, fraud or deceit in obtaining or attempting to obtain
registration under ORS 671.310 to 671.459, including but not limited to
dishonesty, fraud or deceit in applying for registration, applying to sit for
an examination or passing an examination.

(2)
Is impersonating or has attempted to impersonate a registered landscape
architect or a former registered landscape architect, or is practicing under an
assumed or fictitious name.

(3)
Has used dishonesty, fraud or deceit or has been negligent, in the practice of
landscape architecture.

(4)
Has affixed the person’s signature to plans, reports or other professional
documents that have not been prepared by the person or under the person’s
immediate and responsible direction or has permitted the use of the person’s
name for the purpose of assisting any individual, not a registered landscape
architect, to evade the provisions of ORS 671.310 to 671.459, 671.992 and
671.995.

(5)
Has been found to have violated ethical or professional standards by a court or
administrative body in another state for committing or omitting acts that, if
committed or omitted in this state, would be a violation of ethical or
professional standards established pursuant to ORS 671.310 to 671.459. A
certified copy of the record of suspension or revocation of the state making
the suspension or revocation is conclusive evidence thereof.

671.408
Disciplinary actions.
In addition to any civil penalty imposed by the State Landscape Architect Board
or any fine or term of imprisonment imposed by a court, except as otherwise
provided in ORS 671.404, the board may impose one or more of the following
sanctions against a person violating ORS 671.310 to 671.459:

(1)
Revocation of a certificate of registration.

(2)
Suspension of a certificate of registration for not more than three years.

(3)
Restriction of the scope of a registrant’s practice.

(4)
Imposition of peer review.

(5)
Imposition of specific or additional professional education requirements.

(6)
Imposition of probationary registration status and restrictions, including but
not limited to requirements designed to protect the public health, safety and
welfare and restitution payments to clients or other persons suffering economic
loss due to the violation.

(7)
Issuance of a written reprimand. [2001 c.950 §9; 2003 c.14 §420]

671.410 [1961 c.431 §14;
repealed by 1971 c.734 §21]

671.412
Public contract requirements. (1) The state or a political
subdivision may contract for landscape architecture service projects only with
registered landscape architects, as defined in ORS 671.310.

(2)
Drawings, plans, specifications, estimates and construction observation for
public works of the state or a political subdivision that require landscape
architecture services must be prepared by, or under the direct supervision of,
a landscape architect registered in an appropriate category. [1983 c.455 §7;
1995 c.189 §10; 2001 c.950 §17]

671.425
Issuance of registration after revocation. If the State Landscape Architect
Board revokes the registration of a registered landscape architect under ORS
671.404, the board may issue registration under ORS 671.310 to 671.459 to the
individual whose registration is revoked if the individual:

(1)
Files a new application for the registration and passes an examination given by
the board; and

(2)
Establishes to the satisfaction of the board that all loss caused by the acts
for which the registration was revoked has been fully satisfied and that the
individual has complied with all conditions imposed by the decision of
revocation. [1981 c.536 §12; 1987 c.414 §42e; 2001 c.950 §18; 2003 c.14 §422;
2013 c.1 §86]

671.442
Arbitration; effect; costs. In a dispute arising out of a contractual agreement
between a registered landscape architect and a member of the general public of
the state, the State Landscape Architect Board or a subcommittee of the board
may act as arbiter of the dispute. Upon agreement of all parties to such
arbitration, the findings of the board or subcommittee shall be binding on all
parties to the dispute. There shall be no costs borne by any party for such
arbitration and for the purposes of this section members of the board shall
serve without compensation but shall be reimbursed as determined by the board. [1983
c.455 §6; 1997 c.643 §17]

671.445
Investigation of complaints. The State Landscape Architect Board
may, upon motion of the board or upon the verified complaint in writing of any
person, investigate any alleged violation of ORS 671.310 to 671.459. As part of
the investigation, the board may administer oaths, obtain and receive evidence
at board proceedings and compel compliance with board subpoenas, all as
provided in ORS 670.315. [1981 c.536 §14; 1987 c.414 §42f; 2001 c.950 §20; 2003
c.14 §423]

671.447
Persons supplying information to board or advisory committee. A person that
reports or supplies information in good faith to the State Landscape Architect
Board or to an advisory committee assisting the board is immune from an action
for civil damages as a result thereof. The board or committee shall not
disclose the name of a person requesting confidentiality unless the testimony
of the person is required as part of a board disciplinary proceeding. [2001
c.950 §7]

671.459
State Landscape Architect Board; members; chair; term. (1) The State
Landscape Architect Board shall operate as a semi-independent state agency
subject to ORS 182.456 to 182.472 for the purpose of carrying out ORS 671.310
to 671.459, 671.992 and 671.995. The board shall consist of seven members to be
appointed by the Governor. Four of the members shall be registered landscape
architects, three shall be public members, and all shall be residents of this
state. The chair of the board shall be elected by the board from among the
current members.

(2)
The term of office of each member is four years, but a member serves at the
pleasure of the Governor. Before the expiration of the term of a member, the
Governor shall appoint a successor whose term begins on July 1 next following.
A member is eligible for reappointment. [1981 c.536 §15; 1987 c.414 §44; 1993
c.744 §238; 1995 c.189 §11; 1997 c.643 §18; 1999 c.1084 §60; 2001 c.950 §21]

671.520
Definitions for ORS 671.510 to 671.760. As used in ORS 671.510 to 671.760,
unless the context requires otherwise:

(1)
“Landscape construction professional” means an individual who for compensation
or with the intent to be compensated performs or supervises activities
requiring the art, ability, experience, knowledge, science and skill to:

(a)
Plan or install lawns, shrubs, vines, trees or nursery stock;

(b)
Prepare property on which lawns, shrubs, vines, trees or nursery stock is to be
installed;

(2)
“Landscape contracting business” means a business that for compensation or with
the intent to be compensated arranges, submits a bid, or otherwise offers or
contracts, for the performance of activities described in subsection (1) of
this section.

(3)
“Licensee” means a person that is licensed under ORS 671.510 to 671.760 as a
landscape construction professional or landscape contracting business.

(4)
“Nursery stock” means nursery stock:

(a)
As defined by ORS 571.005 other than stock grown for commercial resale or
reforestation; or

671.525
Applicant for landscape contracting business license required to be independent
contractor; classes of licensees. (1) An applicant for a landscape
contracting business license must qualify as an independent contractor, under
ORS 670.600, to be licensed with the State Landscape Contractors Board.

(A)
Sole proprietorships, partnerships, corporations and limited liability
companies with one or more employees; and

(B)
Partnerships, corporations and limited liability companies with more than two partners,
corporate officers or members if any of the partners, officers or members are
not part of the same family and related as parents, spouses, siblings,
children, grandchildren, sons-in-law or daughters-in-law.

(b)
The exempt class is composed of all sole proprietorships, partnerships,
corporations and limited liability companies that do not qualify as nonexempt.

(3)
All partnerships, corporations and limited liability companies applying for a
landscape contracting business license must have a federal tax identification
number.

(4)
If a licensee who qualifies under subsection (2)(b) of this section hires one
or more employees, or falls into any of the categories set out in subsection
(2)(a)(B) of this section, the licensee is subject to penalties under ORS
671.997 and must submit proof that the licensee qualifies under subsection
(2)(a) of this section.

(5)
The decision of the board that a licensee is an independent contractor applies
only when the licensee is performing work of the nature described in ORS
671.520 and 671.530. [1991 c.533 §6; 1997 c.337 §2; 2007 c.541 §12]

671.527
Applicant for landscape contracting business license workers’ compensation
coverage.
(1) An applicant for a landscape contracting business license that qualifies
under ORS 671.525 to be classified as a nonexempt independent contractor must
provide workers’ compensation insurance coverage for all employees of the
landscape contracting business.

(2)
An applicant for a landscape contracting business license that qualifies under
ORS 671.525 to be classified as an exempt independent contractor, and that has
entered into a contract with a worker leasing company or temporary service
provider for the supplying of workers to the landscaping business, must verify
that all leasing company or service provider employees supplied for use by the
business are covered by workers’ compensation insurance. As used in this
subsection, “worker leasing company” and “temporary service provider” have the
meanings given those terms under ORS 656.850. [2011 c.283 §2]

671.530
Licensing requirements; use of title; scope of landscape construction
professional license.
(1) A person may not operate as a landscape construction professional in this
state without a valid landscape construction professional license issued
pursuant to ORS 671.560.

(2)
A person may not represent in any manner that the person is a landscape
construction professional unless the person has a valid landscape construction
professional license issued pursuant to ORS 671.560. The prohibition in this
subsection includes, but is not limited to:

(a)
Using the title of landscape contractor, landscape construction professional,
landscape gardener or landscaper or any other title using a form of the word “landscape”
that indicates or tends to indicate that the person is a landscape construction
professional; and

(b)
Using any sign, card or device that indicates or tends to indicate that the
person is a landscape construction professional.

(3)
A person may not operate as a landscape contracting business in this state
unless the person has a valid landscape contracting business license issued
pursuant to ORS 671.560.

(4)
A person may not advertise or represent in any manner that the person is a
landscape contracting business unless the person has a valid landscape
contracting business license issued pursuant to ORS 671.560. The prohibition in
this subsection includes, but is not limited to:

(a)
Using the title of landscape business, landscaping business or landscape
contracting business; and

(b)
Using any title, sign, card or device that indicates or tends to indicate that
the person is a landscape contracting business.

(5)
A landscape maintenance business may use a form of the word “landscape” in the
title of the business only if the title clearly indicates the maintenance
nature of the business. For purposes of this subsection, the term “landscape
gardening” does not indicate the maintenance nature of a landscape maintenance
business.

(6)
A landscape construction professional may perform landscaping work only while
in the employ of a landscape contracting business licensed and bonded as
required by ORS 671.510 to 671.760. If the landscape construction professional
is the sole proprietor, the landscape construction professional must also
obtain a license as a landscape contracting business. [1971 c.764 §3; 1973
c.832 §27; 1975 c.757 §2; 1979 c.840 §1a; 1983 c.452 §2; 1989 c.944 §1; 2003
c.659 §1; 2007 c.541 §13]

671.540
Application of ORS 671.510 to 671.760. (1) Except as provided in subsection
(2) of this section, ORS 671.510 to 671.760 and 671.990 (2) do not apply to:

(a)
Any federal or state agency or any political subdivision performing landscaping
work on public property.

(b)
Any landscape architect registered under ORS 671.310 to 671.459 and practicing
as provided under ORS 671.310 to 671.459.

(c)
Landscaping work performed by a landscape maintenance business if:

(A)
The landscaping work is performed for a customer that in a calendar year
receives primarily landscape maintenance services from the business;

(B)
The value of all labor, materials or other items supplied for landscaping work
at a job site does not exceed $500 in a calendar year; and

(C)
The landscaping work is of a casual, minor or inconsequential nature, as those
terms are defined by the State Landscape Contractors Board by rule.

(d)
Installation of fences, decks, arbors, driveways, walkways or retaining walls
if performed by a person or business licensed with the Construction Contractors
Board.

(e)
Rough grading of plots and areas of land performed in conjunction with new or
remodeling construction if performed by a person or business licensed with the
Construction Contractors Board.

(f)
Any owner of property, or employee of an owner of property, who contracts for
landscaping work on the property to be performed by a person licensed under ORS
671.560. The exception provided by this paragraph does not apply to a person
who, in pursuit of an independent business, performs or contracts for the
performance of landscaping work with the intent of offering for sale before,
upon or after completion of the landscaping work the property upon which the
landscaping work is performed.

(g)
Any landscaping work performed by a person on property that the person owns or
in which the person has a legal interest. The exception provided by this
paragraph does not apply to a person who, in pursuit of an independent
business, performs or contracts for the performance of landscaping work with
the intent of offering for sale before, upon or after completion of the
landscaping work the property on which the landscaping work is performed.

(h)
A residential general contractor licensed under ORS chapter 701 who performs
landscaping work if the total value of the landscaping is less than $2,500 per
residential dwelling and the landscaping work is performed on residential
property for which the contractor is under contract for the construction of a
new dwelling. The exception provided by this paragraph does not apply to the
performance of irrigation work by a residential general contractor. The State
Landscape Contractors Board shall revise the amount specified in this paragraph
every five years, beginning in 2003, based on changes in the Portland-Salem,
OR-WA Consumer Price Index for All Urban Consumers for All Items as published
by the Bureau of Labor Statistics of the United States Department of Labor.

(i)
A residential general contractor licensed under ORS chapter 701 who performs
landscaping work on residential property that is directly related to local
building code requirements or occupancy ordinances including, but not limited
to, the placement of street trees. The exception provided by this paragraph does
not apply to the performance of irrigation work by a residential general
contractor.

(j)
A person engaged in making plans or drawings for the selection, placement or
use of plants or other site features, unless the plans or drawings are for the
purpose of providing construction details and specifications.

(k)
Use by a person other than a landscape construction professional of the title “landscape
designer” when engaged in making plans or drawings described in paragraph (j)
of this subsection.

(L)
A person providing recommendations or written specifications for soil
amendments or planting media if the recommendations or specifications are
solely for the purpose of plant installation.

(m)
A plumbing contractor licensed under ORS 447.010 to 447.156 when engaged in
superintending installation work on piping for an irrigation system designed by
a landscape contracting business or by a person registered under ORS 671.310 to
671.459.

(n)
A plumbing contractor licensed under ORS 447.010 to 447.156 when engaged in
superintending repair or maintenance work on piping for an irrigation system.

(o)
A journeyman plumber licensed under ORS chapter 693 when performing an
installation for a plumbing contractor described in paragraph (m) of this
subsection or performing repair or maintenance work on piping for an irrigation
system.

(p)
An employee, as defined in ORS 657.015, of a residential general contractor
licensed under ORS chapter 701 when performing work that the contractor may
perform under paragraph (h) or (i) of this subsection.

(q)
An employee of a licensed landscape contracting business when performing work
for the business under the direct supervision of a licensed landscape
construction professional.

(r)
An employee of a worker leasing company or temporary service provider, both as
defined in ORS 656.850, when performing work for a licensed landscape
contracting business under the direct supervision of a licensed landscape
construction professional.

671.550
Authority of board to investigate; confidentiality of information. (1) The State
Landscape Contractors Board may inquire into and inspect:

(a)
Any services performed or materials furnished by a licensee under ORS 671.510
to 671.760.

(b)
The financial records of a person who it reasonably believes is operating in
violation of ORS 671.530.

(c)
The services performed or materials furnished by a person who it reasonably
believes is operating in violation of ORS 671.530.

(2)
Except when used for legal action or to determine a claim described in ORS
671.695, the information obtained by an inspection authorized by this section
is confidential. However, the board shall furnish copies of any inspection to
the licensee or other person that is subjected to an inspection. [1971 c.764 §5;
1979 c.840 §3; 1983 c.452 §4; 2001 c.198 §1; 2007 c.149 §3]

671.555
Investigation of person engaged in landscape contracting business; procedures;
orders to stop work.
(1) The State Landscape Contractors Board may investigate the activities of any
person engaged in the landscape contracting business to determine compliance
with ORS 671.510 to 671.760.

(2)
With the approval of the city or county, the board may conduct investigations
with city or county inspectors, provided that the city or county is reimbursed
by the board for the costs of such investigations.

(3)
Any inspector or investigator authorized by the board to determine compliance
with ORS 671.510 to 671.760 may require any person who is engaged in any
activity regulated by ORS 671.510 to 671.760 to demonstrate proof of compliance
with the licensing requirements of ORS 671.510 to 671.760. If a person who is
contracting directly with the owner of the property does not demonstrate proof
of compliance with the licensing requirements of ORS 671.510 to 671.760, the
inspector or investigator may give notice of noncompliance to the person. The
notice of noncompliance shall be in writing, shall specifically state that the
person is not in compliance with the licensing requirements of ORS 671.510 to
671.760 and shall provide that unless the person demonstrates proof of
compliance within two days of the date of the notice, the inspector or
investigator may by order stop all work then being done by the person. The
notice of noncompliance shall be served upon the person and shall be served
upon or delivered to the owner of each property upon which the person is then
performing work under contract. If more than one person is the owner of any
such property, a copy of the notice need be given to only one of such persons.
If after receipt of the notice of noncompliance the person fails within the
two-day period specified in the notice to demonstrate proof of compliance with
the licensing requirements of ORS 671.510 to 671.760, the inspector or
investigator may order the work stopped by notice in writing served on any
persons engaged in the activity. Any person so notified shall stop such work
until proof of compliance is demonstrated. However, the inspector or
investigator may not order the work stopped until at least two days after the
copies of the notice of noncompliance have been served upon or delivered to the
owners.

(4)
Notwithstanding subsection (3) of this section, the board may order landscaping
work stopped immediately if the landscape contracting business working on a
worksite cannot demonstrate that the business has been licensed by the board at
any time within the two years immediately preceding work on the worksite.

(5)
The board has the power to administer oaths, issue notices and subpoenas in the
name of the board, compel the attendance of witnesses and the production of
evidence, hold hearings and perform such other acts as are reasonably necessary
to carry out its duties under ORS 671.510 to 671.760.

(6)
If any person fails to comply with a subpoena issued under subsection (5) of
this section or refuses to testify on matters on which the person may be
lawfully interrogated, the board shall compel obedience in the manner provided
in ORS 183.440. [1991 c.533 §5; 1999 c.33 §1; 2007 c.399 §2; 2007 c.541 §15a]

671.557
Injunctive relief.
In addition to any other remedy available, if the State Landscape Contractors
Board believes that a person has engaged in, is engaging in or is about to
engage in any act, practice or transaction that violates ORS 671.510 to
671.760, the board may direct the Attorney General to apply to the court for an
injunction to restrain the person from engaging in the act, practice or
transaction. [2005 c.609 §5]

671.560
Issuance of license; application form; limited or specialty license; rules;
exemption.
(1) Except as provided in ORS 671.571 and 671.590, the State Landscape
Contractors Board shall issue a landscape construction professional license to
an applicant who satisfies the requirements of ORS 671.570.

(2)
The board shall issue a landscape contracting business license to an applicant
who satisfies the requirements of the board.

(3)
An applicant for a license under this section shall apply to the board upon a
form furnished by the board and give such information as the board considers
necessary.

(4)(a)
The board may issue a limited or specialty license if the applicant is required
to have a landscape construction professional license or landscape contracting
business license but is not qualified or required to be licensed for all phases
of landscape work.

(b)
The board may adopt rules to limit or restrict the landscape work performed by
probationary landscape construction professionals.

(5)
A landscape contracting business that qualifies for the exemption described in
ORS 571.045 shall indicate on its license application or license renewal
application under this section the reasons the business qualifies for the
exemption. [1971 c.764 §6; 1975 c.757 §4; 1983 c.452 §5; 1999 c.535 §4; 2007
c.111 §3; 2007 c.541 §16a]

671.562
Landscape contracting business workers’ compensation coverage. (1) A landscape
contracting business that qualifies under ORS 671.525 to be classified as a
nonexempt independent contractor must maintain workers’ compensation insurance
coverage in effect for all employees of the landscape contracting business.

(2)
A landscape contracting business licensee that qualifies under ORS 671.525 to
be classified as an exempt independent contractor, and that has entered into a
contract with a worker leasing company or temporary service provider for the
supplying of workers to the landscaping business, must verify that workers’
compensation insurance coverage is maintained in effect for all leasing company
or service provider employees supplied for use by the business. As used in this
subsection, “worker leasing company” and “temporary service provider” have the
meanings given those terms under ORS 656.850. [2011 c.283 §3]

671.563
Applicant notice of unpaid judgments, awards and orders; rules. An applicant
for the issuance or renewal of a landscape construction professional license or
landscape contracting business license shall include in the application to the
State Landscape Contractors Board notice of any unpaid court judgment,
arbitration award or administrative agency final order entered or issued in any
jurisdiction that requires the applicant to pay damages arising out of the
performance of, or a contract for, landscaping work. The board may adopt rules
that require an applicant to provide additional information regarding a
judgment, arbitration award or agency final order described in this section and
the status of any appeal or exceptions. [2007 c.151 §2; 2007 c.541 §28a]

(a)
Pay to the State Landscape Contractors Board the applicable landscape
contracting business license fee established by the board under ORS 671.650.

(b)
Have a landscape construction professional license or employ at least one
person with a landscape construction professional license to supervise the
landscaping operation of the business.

(c)
Submit the names of all employees who are licensed landscape construction
professionals.

(d)
File with the board a form of security acceptable under ORS 671.690.

(e)
File with the board a certificate of public liability, personal injury and
property damage insurance covering the work of the landscape contracting
business that is subject to ORS 671.510 to 671.760 for an amount not less than
$100,000.

(f)
Indicate, as set forth in ORS 670.600, the basis under which the applicant
qualifies as an independent contractor and the class of independent contractor
described in ORS 671.525 for which the applicant qualifies.

(2)(a)
If an applicant for licensing under this section qualifies to be classified as
a nonexempt independent contractor, the applicant shall provide the employer
identification number of the applicant and evidence satisfactory to the board
that the applicant provides workers’ compensation insurance coverage for all
employees of the landscape contracting business.

(b)
If an applicant for licensing under this section qualifies to be classified as
an exempt independent contractor and has entered into a contract with a worker
leasing company or temporary service provider for the supplying of workers to
the landscape contracting business, the applicant shall provide evidence
satisfactory to the board that the applicant has verified the maintenance of
workers’ compensation insurance coverage for all leasing company or service
provider employees supplied for use by the business. As used in this paragraph,
“worker leasing company” and “temporary service provider” have the meanings
given those terms in ORS 656.850.

(3)
At the time of application for a license, for renewal of a license in active
status or for return of a license to active status, the applicant shall provide
evidence satisfactory to the board that the public liability, personal injury
and property damage insurance required by this section and any workers’
compensation required of the applicant under ORS 671.527 or 671.562 is in
effect. During a license period, the licensee shall provide, to the extent
required by the board, satisfactory evidence of continued public liability,
personal injury and property damage insurance coverage and, if required under
ORS 671.562, workers’ compensation insurance coverage. [1983 c.452 §8; 1991
c.533 §1; 2005 c.609 §12; 2007 c.399 §3; 2007 c.541 §17a; 2011 c.283 §4]

671.568
Inactive status for landscape contracting business license. (1) If a
licensed landscape contracting business is not operating as a landscape
contracting business, the State Landscape Contractors Board may, upon request,
place the license of the landscape contracting business in inactive status.

(2)
A landscape contracting business in inactive status remains subject to board
jurisdiction and is required to comply with the requirements for a landscape
contracting business other than the security requirement under ORS 671.690 and
the insurance requirements under ORS 671.565.

(3)
A landscape contracting business that is in inactive status may not:

(a)
Perform work as a landscape contracting business;

(b)
Offer or provide for the performance of landscaping work as a landscape
contracting business; or

(c)
Obtain a building permit for work involving landscaping work by the landscape
contracting business.

(4)
A landscape contracting business license may not be placed or maintained in
inactive status more than once during a licensing period. [2005 c.609 §2; 2007
c.541 §18]

671.570
Qualifications for landscape construction professional license; fee; rules. (1) Each person
applying for a landscape construction professional license must:

(a)
Pay a nonrefundable application fee.

(b)
Pay an examination fee.

(c)
Pay to the State Landscape Contractors Board the landscape construction
professional license fee required by ORS 671.650.

(d)
Pass an examination, which the board shall offer at least once each six months,
to determine the fitness of the applicant for licensing and within 10 years
before the day the application for a license is made:

(A)
Have at least 24 months of employment with a landscape contracting business; or

(B)
Have at least 12 months of employment with a landscape contracting business and
one full year of training in an area related to landscaping at an accredited
school or college.

(e)
Be employed by, or own, a landscape contracting business if performing landscaping
work.

671.571
Probationary license.
(1) Notwithstanding ORS 671.570, the State Landscape Contractors Board may
issue a probationary landscape construction professional license to a person
who does not meet the training and experience qualifications set forth in ORS
671.570. To obtain a probationary landscape construction professional license,
the person must:

(a)
Pay a nonrefundable application fee;

(b)
Pay an examination fee;

(c)
Pay to the board the landscape construction professional license fee required
by ORS 671.650; and

(d)
Pass all sections of the examination described in ORS 671.570 within 12 months
after first taking the examination.

(2)
Two or more years after receiving a probationary landscape construction professional
license, a probationary landscape construction professional may obtain removal
from probationary status and issuance of a landscape construction professional
license if the probationary landscape construction professional presents the
board with proof that the probationary landscape construction professional has
done any of the following:

(a)
Completed at least 24 months of employment with a licensed landscape
contracting business under the direct supervision of a landscape construction professional.

(b)
Provided supervision described in ORS 671.540 (1)(q) or 671.565 (1)(b) for at
least 24 months as the owner or employee of a licensed landscape contracting
business that, during that period:

(A)
Filed and maintained with the board a bond, letter of credit or deposit in the
amount of $15,000; and

(B)
Performed landscaping work only on landscaping projects where the amount
charged by the landscape contracting business for work on the project during
any 12-month period did not exceed $15,000.

(3)
Except as provided in this section and ORS 671.560 and as the board may provide
by rule, a probationary landscape construction professional licensed under this
section is for all purposes a landscape construction professional licensed
under ORS 671.560. [2007 c.111 §2; 2007 c.399 §5; 2007 c.541 §19d; 2009 c.483 §4]

671.572
Alternative licensing standards for person licensed as construction contractor. Notwithstanding
the provisions of ORS 671.570 regarding experience and employment status, the
State Landscape Contractors Board may adopt alternative standards for licensure
with the board for a person who is already licensed as a contractor under ORS
chapter 701. [1997 c.785 §5; 1999 c.402 §11]

671.574
Inactive status for landscape construction professional license. (1) If a
landscape construction professional is not operating as a landscape
construction professional, the State Landscape Contractors Board may, upon
request, place the license of the landscape construction professional in
inactive status.

(3)
A landscape construction professional that is in inactive status may not
perform or supervise work as a landscape construction professional.

(4)
A landscape construction professional license may not be placed or maintained
in inactive status more than once during a licensing period. [2005 c.609 §3;
2007 c.541 §20]

671.575
License required to obtain judicial or administrative remedy; exception. (1) A landscape
contracting business may not file a lien, file a claim with the State Landscape
Contractors Board or bring or maintain in any court of this state a suit or
action for compensation for the performance of any work or for the breach of
any contract for work that is subject to ORS 671.510 to 671.760 and 671.997,
unless the landscape contracting business was:

(a)
Licensed under ORS 671.510 to 671.760 at the time the landscape contracting
business bid or entered into the contract for performance of the work; and

(b)
Licensed continuously while performing the work for which compensation is
sought.

(2)
If the court determines that the landscape contracting business was not aware
of the requirement that the business be licensed, a court may choose not to
apply subsection (1) of this section if the court finds that to do so would
result in a substantial injustice to the unlicensed landscape contracting
business.

(3)
If a landscape contracting business falsely swears to information provided
under ORS 671.560 or 671.565 or knowingly violates the provisions of ORS
656.029, 670.600, 671.560 or 671.565, the landscape contracting business may
not file a lien, file a claim with the State Landscape Contractors Board or
bring or maintain in any court of this state a suit or action for compensation
for the performance of any work or for the breach of any contract for work that
is subject to ORS 671.510 to 671.760 and 671.997. [1991 c.533 §7; 2007 c.541 §21]

671.578
Suit for damages for misrepresentation; attorney fees. If any person
suffered costs or damages as a result of an individual providing a false or
invalid State Landscape Contractors Board number or otherwise misleading a
person with respect to licensing with the board, that person may bring suit in
a court of competent jurisdiction to recover damages. The court may award
reasonable attorney fees to the prevailing party in an action under this
section. [1991 c.533 §8; 1995 c.618 §119]

671.590
Reciprocal landscape construction professional licensing. The State
Landscape Contractors Board may license without examination any person who is a
landscape construction professional licensed, certified or registered under the
laws of another state, territory of the United States, the District of Columbia
or another country where the requirements on the date the applicant was
licensed, certified or registered were substantially equal to the requirements
for licensing of landscape construction professionals in this state on the date
of application by the person. [1971 c.764 §9; 1973 c.832 §30; 1975 c.757 §6;
1979 c.840 §5; 1983 c.452 §10; 2007 c.541 §23]

671.595
Coursework and examination requirements for noncontractor owners and managing
employees; notice of duty changes; rules. (1) As used in this section:

(a)
“Managing employee” means a person who, at the time of an application for the
issuance or renewal of a landscape contracting business license:

(A)
Is employed in landscaping work only by the applicant; and

(B)
Manages or shares in the management of the applicant, as defined by the State
Landscape Contractors Board by rule.

(b)
“Owner” means a person who at the time of an application for the issuance or
renewal of a landscape contracting business license:

(A)
Has an ownership interest in the applicant; and

(B)
Manages or shares in the management of the applicant, as defined by the board
by rule.

(2)
If an applicant for a landscape contracting business license does not have at
least one owner or managing employee who is licensed as a landscape construction
professional under ORS 671.560, the applicant shall provide the board with
proof that an owner or managing employee has completed required courses
described in subsection (4) of this section and passed an examination on the
subject of those courses.

(3)
The board may adopt rules to require a landscape contracting business and any
owner or managing employee to provide the board with notice of any change in
the employment or duties of the owner or managing employee.

(4)
The board shall adopt rules establishing required courses for an owner or
managing employee who seeks to qualify the business for a landscape contracting
business license, but who is not licensed as a landscape construction
professional. The courses required by the board shall be designed to educate
the owner or managing employee regarding business practices and Oregon laws
affecting landscape contracting businesses. The board may not require an owner
or managing employee to take a total of more than 16 hours of instruction.

(5)
When adopting rules to carry out subsection (4) of this section, the board
shall consider the availability of courses in the regions of this state. The
board shall encourage course providers to use the most up-to-date technology to
make courses widely available.

(6)
A course provider may submit information regarding course materials,
examinations and instructor qualifications to the board for approval. The board
shall approve courses if the course materials, examinations and instructors
meet board requirements. The board shall periodically review approved courses
to ensure continuing compliance with board requirements. The board shall
develop and make available a list of providers that offer courses that will
enable an owner or managing employee to comply with the requirements of
subsection (2) of this section. [2007 c.249 §2; 2009 c.11 §84]

671.600
New landscape contracting business license required upon change of ownership;
notification of change of address. (1) A new landscape contracting
business license shall be required whenever there is a change in ownership,
irrespective of whether the business name is changed. As used in this
subsection, “change in ownership” does not include a change in the holders of
corporate stock.

(2)
If a licensee moves to another location, relicensing is not required but the
licensee must notify the State Landscape Contractors Board promptly of the new
address. [1971 c.764 §10; 1973 c.832 §31; 1987 c.461 §1; 2007 c.541 §24]

671.603
Persons required to give notification of change of address; communications
delivered to last-known address. (1) A landscape construction
professional or person operating as a landscape contracting business shall
notify the State Landscape Contractors Board of a change of address for the
professional or business that occurs while the professional or business is
licensed by the board or within one year after a license expires. The landscape
construction professional or landscape contracting business shall ensure that
the board receives notice of the change of address no later than the 10th day
after the change of address occurs.

(2)
Initial notice of a contested case or arbitration directed by the board to the
last-known address of record for a landscape construction professional or
landscape contracting business is considered delivered to the professional or
business when deposited in the United States mail and sent registered,
certified or post office receipt secured. Any other communication directed by
the board to the last-known address of record for a landscape construction
professional or landscape contracting business is considered delivered to the
professional or business when deposited in the United States mail, regular
mail. [2001 c.409 §14; 2005 c.609 §13; 2007 c.541 §25]

671.605
Effect of change in partners or corporate owners; fee. A partnership
or corporation licensed as a landscape contracting business shall notify the
State Landscape Contractors Board immediately upon any change in partners or
corporate owners or in the percentage of an ownership interest in the landscape
contracting business. Upon a change in partners, a licensed partnership
immediately shall apply for a new license and pay to the board the fee required
by ORS 671.650 for an original license. [1983 c.452 §11; 2007 c.541 §26]

671.607
License refusal or suspension for landscape contracting business debt; rules. (1) As used in
this section:

(a)
“Landscape contracting business debt” means an amount owed under:

(A)
A final order or arbitration award issued under ORS 671.703; or

(B)
A judgment or civil penalty arising from landscape contracting business
activities in any state.

(b)
“Landscape contracting business license” means a license issued within the
United States to engage in a landscape contracting business.

(c)
“Officer” means any of the following persons:

(A)
A president, vice president, secretary, treasurer or director of a corporation.

(B)
A general partner in a limited partnership.

(C)
A manager in a manager-managed limited liability company.

(D)
A member of a member-managed limited liability company.

(E)
A trustee.

(F)
A person qualifying as an officer under board rules. The definition of officer
adopted by board rule may include persons not listed in this paragraph who may
exercise substantial control over a business.

(d)
“Owner” means a sole proprietor of, general partner in or holder of a
controlling interest in a business, or a person defined as an owner by board
rule.

(2)
The board shall adopt rules defining an owner for purposes of subsection (1) of
this section. The rules may not define an owner in a manner that includes an
investor who has no right to manage a business, including but not limited to:

(a)
A person who is solely a minority shareholder in a corporation;

(b)
A member of a manager-managed limited liability company; or

(c)
A limited partner in a limited partnership who does not participate in the
control of the business of the limited partnership.

(3)
The board may suspend or refuse to issue a landscape contracting business
license if:

(a)
The business owes a landscape contracting business debt or has had a landscape
contracting business license revoked;

(b)
An owner or officer of the landscape contracting business owes a landscape
contracting business debt or has had a landscape contracting business license
revoked; or

(c)
An owner or officer of the landscape contracting business was an owner or
officer of another business at the time the other business incurred a landscape
contracting business debt that is owing or at the time of an event that
resulted in the revocation of the other business’s landscape contracting
business license.

(4)
The board may hold the suspension or refusal of a license under subsection (3)
of this section in abeyance if the person owing a landscape contracting
business debt is adhering to a board-approved plan for restitution of the
amount owed. [2005 c.609 §7; 2007 c.149 §4; 2007 c.541 §27]

671.610
Grounds for sanctions against licensee; suspension or refusal of license
without prior hearing; hearing; effect of revocation; civil penalty; rules. (1) In addition
to any civil penalty assessed under ORS 671.997, the State Landscape
Contractors Board may suspend, revoke or refuse to issue or renew the license
of a landscape construction professional or landscape contracting business that
does any of the following:

(a)
Obtains or attempts to obtain a license under ORS 671.510 to 671.760 by fraud
or material misrepresentation.

(b)
Makes a material misrepresentation about the quality of any material or service
the person provides.

(g)
Fails to have a replacement bond, letter of credit or deposit on file at the
time of a termination, cancellation, reduction or withdrawal of the bond,
letter of credit or deposit required by ORS 671.690.

(h)
Fails to maintain public liability, personal injury and property damage
insurance as required by ORS 671.565 throughout a licensing period.

(i)
Fails to comply with ORS 671.527 or 671.562.

(j)
Fails to provide evidence of workers’ compensation coverage as described in ORS
671.565.

(k)
Violates a voluntary compliance agreement entered into under ORS 646.605 to
646.652.

(L)
Performs work for which a permit is required under the state building code
without obtaining the required permit, if the work results in the filing of a
claim with the board.

(m)
Violates a rule or order of the board.

(n)
Refuses to comply with a subpoena issued by the board.

(o)
Fails to pay in full any amount owed to a claimant under a final order of the
board or an arbitration award, or under a judgment rendered in this or any
other state.

(p)
Does not make payment, including any interest due, for labor or materials
contracted for by the person pursuant to a contract for a public improvement
within 90 days after the date the person receives payment from a public
contracting agency or, if the person is a subcontractor, from the contractor.

(q)
Engages in conduct as a landscape construction professional or landscape
contracting business that is dishonest or fraudulent or that the board finds
injurious to the welfare of the public.

(r)
Fails to comply with the requirements of ORS 652.120.

(s)
Is convicted of a crime under ORS 163.115, 163.185, 163.225, 163.235, 163.355,
163.365, 163.375, 163.385, 163.395, 163.405, 163.408, 163.411, 163.415,
163.425, 163.427, 164.055, 164.075, 164.325 or 164.415, provided that the facts
supporting the conviction and all intervening circumstances make the
determination to suspend, revoke or refuse to issue or renew the license
consistent with ORS 670.280.

(2)
The board may suspend or refuse to renew the license of a landscape construction
professional or landscape contracting business without prior hearing if, after
investigating and setting forth in writing the facts supporting the action, the
board determines that continued activity by the landscape construction
professional or landscape contracting business poses an imminent threat of
serious harm to the public welfare. Facts sufficient to support a suspension or
refusal to renew under this subsection include, but are not limited to:

(a)
The lack of a surety bond, letter of credit or deposit required under ORS
671.690;

(b)
The lack of public liability, personal injury or property damage insurance
required under ORS 671.565;

(c)
The lack of workers’ compensation insurance that is required of the licensee
under ORS 671.562;

(d)
The hiring of employees while licensed as exempt under ORS 671.525;

(e)
Conduct as a landscape construction professional or a landscape contracting
business that is dishonest;

(f)
Operation of a landscape contracting business that does not employ at least one
licensed landscape construction professional; or

(g)
The failure to notify the board of any unpaid court judgment, arbitration award
or administrative agency final order as required by ORS 671.563.

(3)
A person whose license is suspended or refused renewal under subsection (2) of
this section may request a hearing within 90 days after receiving the notice of
the suspension or refusal to renew. Except as provided in this subsection, the
board shall give a contested case hearing requested under this subsection
priority over other hearings and schedule the hearing for the earliest
practicable date. If a citation is issued to the person and the order of
suspension or refusal to renew will terminate by its terms if a court renders a
final judgment regarding the citation in favor of the person, the person may
request that the board hold the requested contested case hearing in abeyance
until after the court has rendered a final judgment.

(4)
A person whose license is revoked under this section is not eligible to apply
for a license under ORS 671.510 to 671.760 until two years after the effective
date of the revocation.

(5)
The board may suspend, revoke or refuse to reissue the license of a landscape
contracting business, and may impose a civil penalty, all as provided under ORS
671.997 (4), if the board determines, after notice and opportunity for a
hearing, that the landscape contracting business was working with other
landscape contracting businesses on the same task and work site where one of
the landscape contracting businesses is licensed as an exempt independent
contractor under ORS 671.525 (2)(b) and the total number of landscape
contracting businesses working on the task exceeded:

671.613
Sanction for failure to comply with certain laws; civil penalty. (1) The failure
of a landscape contracting business to comply with the provisions of this
section and ORS 279C.800 to 279C.870, 656.021, 657.665, 670.600, 671.525,
671.530 and 671.575 or to be in conformance with the provisions of ORS 279.835
to 279.855 or ORS chapter 279A, 279B, 279C, 316, 571, 656 or 657 is a basis for
suspension of the landscape contracting business license, revocation of the
landscape contracting business license, refusal to issue or reissue a landscape
contracting business license, assessment of a civil penalty as set forth in ORS
671.997 or a combination of these sanctions.

(2)
Any action against a landscape contracting business under this section shall be
conducted in conformance with the provisions of ORS 183.413 to 183.497. [1991
c.533 §9; 1999 c.535 §5; 2001 c.108 §2; 2003 c.794 §315; 2007 c.541 §29]

671.614
Placement on probation; conditions; failure to fulfill conditions. (1) The State
Landscape Contractors Board may issue an order placing a landscape contracting
business, or any landscape construction professional that is employed by the
landscape contracting business or is a landscape contracting business owner or
officer as defined in ORS 671.607, on probation if three or more claims are
filed against the landscape contracting business’s bond, letter of credit or
deposit within a 12-month period.

(2)
The board may place a landscape contracting business or landscape construction
professional on probation under this section only if the board determines after
investigation of the complaints that a significant likelihood exists that
continued activity by the landscape contracting business or landscape
construction professional without board supervision will result in additional
claims against the landscape contracting business.

(3)
The board may require as a condition of probation imposed under this section
that the landscape construction professional take a board-approved education
course in one or more subjects relating to landscape operations.

(4)
The board may require as a condition of probation imposed under this section
that the owner or officer of the landscape contracting business take a
board-approved education course in one or more subjects relating to landscape
contracting business or general business practices.

(5)
The board may take action to suspend, revoke or refuse to renew the license of
the landscape contracting business or landscape construction professional if
the business or professional fails to fulfill the conditions of the probation. [2005
c.609 §4; 2007 c.541 §30; 2009 c.11 §88]

671.615
Installation of backflow assemblies; qualification rules. The State
Landscape Contractors Board may license a landscape construction professional
to install backflow assemblies for irrigation systems and ornamental water
features. The board, by rule, shall establish qualifications for issuance of a
license under this section. A landscape construction professional may install a
backflow assembly only if the landscape construction professional is licensed
under this section and is the owner of, or employed by, a licensed landscape
contracting business. A landscape construction professional installing a
backflow assembly may tap into the potable water supply only at a point after
the connection between the water system and the customer, as that connection is
defined in ORS 448.115. [1987 c.561 §2; 1989 c.944 §3; 1995 c.645 §2; 2001
c.181 §2; 2005 c.609 §15; 2007 c.541 §31]

671.625
Minimum standards for contracts and billings; rules; compliance; effect of
noncompliance.
(1) The State Landscape Contractors Board shall by rule adopt minimum standards
for written contracts and billings of the landscape contracting businesses. The
standards shall set forth requirements for information that must be contained
in contracts and billings. The information required shall be any information
the board determines is necessary to provide protection for consumers of the
services and materials provided by landscape contracting businesses.

(2)
Work by a landscape contracting business subject to ORS 671.510 to 671.760
shall only be performed subject to a written contract. Any contract or billing
for such work must conform to the standards adopted under subsection (1) of this
section.

(3)
A contract that does not substantially comply with this section may not be
enforced by a landscape contracting business in any court or other proceedings
within this state. [1979 c.840 §13; 1983 c.452 §12; 2007 c.541 §32]

671.628 [1991 c.533 §4;
repealed by 2001 c.108 §4]

(Landscape
Contractors Board)

671.630
State Landscape Contractors Board; members. The State Landscape Contractors
Board shall operate as a semi-independent state agency subject to ORS 182.456
to 182.472 for purposes of carrying out the provisions of ORS 671.510 to
671.760, 671.990 (2) and 671.997. The board shall consist of seven members
appointed by the Governor. The Governor shall make appointments to the board
from all segments of the landscape contracting industry. At least two board
members must be public members. [1971 c.764 §14; 1973 c.832 §32; 1975 c.757 §7;
1981 c.536 §24; 1987 c.414 §46; 1993 c.744 §192; 2001 c.409 §6]

671.640 [1971 c.764 §15;
1973 c.832 §33; repealed by 1975 c.757 §8]

671.650
License fees.
(1) The State Landscape Contractors Board shall establish fees, including but
not limited to annual landscape construction professional license fees and
annual landscape contracting business license fees.

671.655
Deposit of moneys.
Except as the State Landscape Contractors Board may otherwise provide under ORS
182.462 (1)(e), the board shall deposit moneys received as fees or civil
penalties into the account created by the board pursuant to ORS 182.470. [2005
c.609 §6; 2011 c.110 §5]

671.660
Renewal of licenses; effect of lapse; penalty fees. (1) The fee for
renewal of a license issued under ORS 671.510 to 671.760 shall be paid annually
on or before the last day of the month of the anniversary of issuance.

(2)
The State Landscape Contractors Board may not issue a new license to a person
who has been previously licensed under ORS 671.510 to 671.760 and whose license
has expired, unless the person makes written application on a form approved by
the board and pays the required annual fee. The board may require the person to
also pay a penalty fee.

(3)
If a license lapses for two years or more, the person must reapply as for
initial issuance of the license.

(4)
When a landscape contracting business renews its license, the business must
submit the names of all employees who are licensed landscape construction
professionals.

(5)
When a person renews a landscape construction professional license, the person
must:

(a)
Submit the name of the employer if the person is currently performing
landscaping work; and

671.670
Rulemaking authority.
In accordance with any applicable provision of ORS chapter 183, the State
Landscape Contractors Board may adopt rules the board considers reasonable for
the administration and enforcement of ORS 671.510 to 671.760 and 671.997. [1971
c.764 §19; 1981 c.536 §26; 2005 c.609 §17]

671.675 [1987 c.461 §7;
repealed by 1995 c.645 §6]

671.676
Continuing education; rules. (1) The State Landscape Contractors
Board shall adopt rules establishing continuing education requirements for
landscape construction professionals. The board may not require landscape
construction professionals to take more than 10 hours of continuing education
every year.

(2)
The board may approve programs for purposes of continuing education for
landscape construction professionals and determine the number of hours to be
credited to the programs. The board shall ensure that continuing education
opportunities for landscape construction professionals are readily available.

(3)
Programs approved by the board for continuing education purposes must be
designed to directly contribute to the professional competency of landscape
construction professionals. Approved programs may include, but need not be
limited to:

(a)
Professional development programs and technical meetings of professional
associations for landscape contracting businesses or for related industries
such as pesticide application or irrigation auditing;

(b)
University or college courses related to landscaping or horticulture;

(c)
Professional staff training programs by associations of landscape construction
professionals; and

(d)
Online or other forms of educational programs.

(4)
The board may adopt rules establishing grounds for obtaining a waiver of the
continuing education requirements for landscape construction professionals. The
board may not allow a waiver for more than two consecutive years except for a
waiver due to military service, retirement, disability, absence from the state,
inactive status or extreme hardship. [2007 c.550 §2; 2007 c.550 §5]

671.680 [1971 c.764 §21;
repealed by 1975 c.757 §8]

671.681
Advisory and technical committees. (1) To aid and advise the State
Landscape Contractors Board in the performance of the functions of the board,
the board administrator may establish such advisory and technical committees as
the administrator considers necessary. These committees may be continuing or
temporary. The administrator shall determine the representation, membership,
terms and organization of the committees and shall appoint their members. The
administrator is an ex officio member of each committee.

(2)
Members of the committees are not entitled to compensation, but the board may
fix and pay to the committee members from the funds available to the board per
diem and actual and necessary travel and other expenses incurred by the
committee members in the performance of their official duties. [2007 c.399 §1]

Note: 671.681 was
enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 671 or any series therein by legislative action. See
Preface to Oregon Revised Statutes for further explanation.

(Claims)

671.690
Surety bond, letter of credit or other security. (1) An
applicant for a license as a landscape contracting business shall file with the
State Landscape Contractors Board a surety bond with one or more corporate
sureties authorized to do business in this state, or an irrevocable letter of
credit issued by an insured institution, as defined in ORS 706.008. The amount
of the bond or letter of credit shall be:

(a)
$3,000 for an applicant, unless the applicant is described in paragraph (b), (c)
or (d) of this subsection.

(b)
$10,000 for an applicant who, not in conjunction with the performance of
landscaping work, constructs fences, decks, arbors, patios, landscape edging,
driveways, walkways or retaining walls, unless the applicant is made subject to
paragraph (d) of this subsection by work on other jobs performed by the
applicant.

(c)
$10,000 for an applicant who charges more than $10,000, but less than $25,000,
for a landscape job.

(d)
$15,000 for an applicant who charges $25,000 or more for a landscape job.

(2)
The bond or letter of credit shall be conditioned that the applicant pays:

(a)
All taxes and contributions due to the State of Oregon;

(b)
All persons furnishing labor or material, or renting or supplying equipment to
the landscape contracting business;

(c)
All amounts that may be adjudged against the landscape contracting business by
reason of negligent or improper work or breach of contract in performing any
work subject to ORS 671.510 to 671.760; and

(d)
All amounts from the bond, letter of credit or deposit the board orders paid
under ORS 671.703.

(3)
In addition to providing the applicant with coverage for the activities
described in ORS 671.520 (1), the bond or letter of credit must provide the
applicant with coverage for:

(a)
Backflow assembly testing services provided by employees of the landscape
contracting business who are certified under ORS 448.279;

(b)
The installation, repair or maintenance by the landscape contracting business
of backflow assemblies for irrigation systems and ornamental water features as
described in ORS 447.060; and

(c)
The installation by the landscape contracting business of landscape irrigation
control wiring and outdoor landscape lighting as described in ORS 479.940.

(4)
In lieu of the surety bond or letter of credit, the applicant may file with the
board, under the same terms and conditions as when a bond is filed, a deposit
in cash or negotiable securities acceptable to the board.

(5)
The bond, letter of credit or deposit must be continuously on file with the
board in the amount required by this section and is for the exclusive purpose
of payment of final orders and arbitration awards in accordance with ORS
671.703. Upon termination or cancellation of the bond, withdrawal of the
deposit or reduction of the bond, letter of credit or deposit to less than the
required amount, the licensee shall immediately:

(a)
File a replacement bond, letter of credit or deposit; or

(b)
Surrender the license to the board and cease operating as a landscape contracting
business.

(6)
If the cost of a project makes, or foreseeably will make, a licensee subject to
a higher bond or letter of credit requirement under subsection (1) of this
section, the licensee shall immediately file additional bonds, letters of credit
or deposits to meet the higher requirements.

671.695
Types of claims.
A claim against a licensed landscape contracting business is payable from the
bond, letter of credit or deposit required of the landscape contracting
business under ORS 671.690 only if the claim arises from the performance, or a
contract for the performance, of work that is subject to ORS 671.510 to
671.760. The claim must be of one or more of the following types:

(1)
A claim against the landscape contracting business by the property owner or the
owner’s agent for any of the following:

(a)
Negligent work.

(b)
Improper work.

(c)
Breach of contract.

(2)
A claim against the landscape contracting business by the property owner or the
owner’s agent to discharge, or to recoup funds expended in discharging, a lien
established under ORS 87.010 to 87.060 or 87.075 to 87.093. The State Landscape
Contractors Board may reduce a claim described in this subsection by any amount
the claimant owes the landscape contracting business. The board shall process
claims described in this subsection only if:

(a)
The owner paid the landscape contracting business for work subject to ORS
671.510 to 671.760; and

(b)
A lien established against the property of the owner under ORS 87.010 to 87.060
or 87.075 to 87.093 is filed because the landscape contracting business failed
to pay the person claiming the lien for that person’s contribution toward
completion of the improvement.

(3)
A claim against a licensed subcontractor by a licensed landscape contracting
business or by a construction contractor licensed under ORS chapter 701, for
any of the following:

(a)
Negligent work.

(b)
Improper work.

(c)
Breach of contract.

(4)
A claim by a person furnishing labor to a landscape contracting business.

(5)
A claim, as limited by rule of the board, by a person furnishing material or
renting or supplying equipment to the landscape contracting business. The
minimum limit set by the board may not be more than $150.

(6)
A claim by a subcontractor against the landscape contracting business for
unpaid labor or materials arising out of a contract. [2007 c.149 §2; 2007 c.541
§37b]

671.700
Notice of claim; timeliness; board authority over dispute. (1) If a claim
is filed with the State Landscape Contractors Board against a licensed
landscape contracting business for payment from the bond, letter of credit or
deposit required of the business under ORS 671.690, the board may resolve the
dispute involving the landscape contracting business.

(2)
A person having a claim against a landscape contracting business shall give the
board notice of the claim in writing 90 days before any action on the bond,
letter of credit or deposit is commenced.

(3)
The board may not accept a claim against a landscape contracting business for
processing if the claim is not filed with the board within one year after the
business substantially completed work. The board may not issue an order for the
payment of a court judgment or arbitration award from the bond, letter of
credit or deposit of a landscape contracting business unless the person has
timely filed with the board a claim against the business regarding the same
matter that resulted in the judgment or award. [1973 c.832 §29c; 1983 c.452 §16;
1987 c.461 §3; 2007 c.149 §6; 2007 c.541 §36a]

671.703
Investigation of claim; resolution processes; dismissal of claim; rules. (1) Upon
acceptance of a claim described in ORS 671.695, the State Landscape Contractors
Board shall initiate an investigation. Upon completion of the investigation, if
the board determines that facts exist supporting an order for payment, the
board may order the landscape contracting business to pay the claim. A party to
the claim may request a hearing on the order issued by the board.

(2)
Subject to subsection (5) of this section, if the resolution of the claim
requires a hearing, the board may require that the hearing be conducted as a
binding arbitration under rules adopted by the board under subsection (4) of
this section.

(3)
The board may use arbitration, mediation or other forms of dispute resolution
to resolve a landscaping dispute between any parties who agree to follow the
rules of the board, including parties to a dispute that is not a claim
described in ORS 671.695.

(4)
Except as provided in this subsection, rules adopted by the board to regulate
arbitration under subsections (2) and (3) of this section must substantially
conform with the provisions of ORS 36.600, 36.610 to 36.630, 36.635 (2),
36.640, 36.645 (2), 36.650 to 36.680, 36.685 (1) and 36.690 to 36.740. The
rules may:

(a)
Require that a hearing under ORS 183.413 to 183.470 be conducted for issues for
which a petition could be filed under ORS 36.615, 36.620, 36.625 and 36.640;

(b)
Limit orders and awards made by the arbitrator as necessary to comply with ORS
671.510 to 671.760;

(c)
Require that a request that an arbitrator modify or correct an award under ORS
36.690 be submitted in a form specified by the rule;

(d)
Require that a petition under ORS 36.705 (2) or 36.710 (1) be filed in a
shorter period of time than provided by ORS 36.705 and 36.760; and

(e)
Include any other provision necessary to conform the arbitration to ORS 671.510
to 671.760.

(5)
A party to a claim that is subject to a board order of binding arbitration
under subsection (2) of this section may avoid the arbitration if the party
requests to have the claim resolved through a contested case hearing or files a
complaint in a court. A party making a request or filing a complaint under this
subsection is subject to the following provisions:

(a)
If the party requests to have a claim resolved through a contested case hearing,
the party must, within the time specified in paragraph (c) of this subsection,
deliver the request in writing to the board and to all parties entitled by
board rule to receive a copy of the request.

(b)
If the party files a complaint in a court, the party must, within the time
specified in paragraph (c) of this subsection, deliver a copy of the complaint
to the board and to all parties entitled by the board rule to receive a copy of
the complaint. If the party filing the complaint is the claimant, the claimant
must allege all elements of the claim in the complaint. If the complaint is
filed by the licensed landscape contracting business against whom a claim is
alleged, the complaint may be a complaint for damages, a complaint for
declaratory judgment or other complaint that allows the claimant to file a
response alleging the elements of the claim. The claimant has the burden of
proving the elements of the claim in any action described in this paragraph.

(c)
A party that is subject to paragraph (a) or (b) of this subsection must deliver
a request or complaint to the board as described in paragraphs (a) and (b) of
this subsection no later than the 30th day after the board sends notice that an
arbitration hearing has been scheduled. Failure to timely deliver a request or
complaint under this paragraph constitutes consent to the binding arbitration.

(d)
If a party makes a timely request under paragraph (a) of this subsection for a
contested case hearing and another party timely files a complaint in compliance
with paragraph (b) of this subsection, the filing of the complaint supersedes
the request for a contested case hearing.

(e)
A party may not withdraw a request made in compliance with paragraph (a) of
this subsection unless all parties agree to the withdrawal.

(f)
The provisions of paragraph (b) of this subsection are in addition to any other
requirements imposed by law regarding the filing of a complaint.

(6)
An arbitration conducted under subsection (2) or (3) of this section must be
held before an administrative law judge acting as arbitrator. The
administrative law judge assigned to act as arbitrator of the case on behalf of
the board must be from the Office of Administrative Hearings established under
ORS 183.605. The assignment of an administrative law judge to act as arbitrator
is subject to a request for a different arbitrator under ORS 183.645 or a rule
adopted pursuant to ORS 183.645.

(7)
If a party to a claim described in ORS 671.695 requests a contested case
hearing, the board shall schedule the hearing. If a party files a court action
to determine the matter described in the claim, the board shall suspend further
processing of the claim until the action is resolved by an appropriate court.

(8)
If the matter described in a claim is submitted for determination by a court,
the board may require that the claimant provide status reports on the pending
action. The board may dismiss or close a claim described in ORS 671.695 as
established by rule of the board if the claimant fails to submit status reports
on a pending action.

(9)
If a final order or arbitration award is issued under this section and the
landscape contracting business does not pay the claim on or before the 30th day
after receiving the order, the board shall order the claim paid out of the
bond, letter of credit or deposit filed under ORS 671.690.

(10)
The board may dismiss or close a claim as established by rule of the board if:

(a)
The claimant does not permit the person against whom the claim is filed to be
present at any on-site investigation made by the board; or

(b)
The board determines that the person against whom the claim is filed is capable
of complying with recommendations made by the board relative to the claim, but
the claimant does not permit the person to comply with the recommendations. The
board may dismiss or close a claim under this paragraph only if the person was
licensed at the time the work was first performed and is licensed at the time
the board makes its recommendations.

671.707
Actions following final order of board. (1) If a final order of the State Landscape
Contractors Board is not paid by the landscape contracting business, the board
shall notify the surety on the business’s bond.

(2)
An order of the board that determines a claim under ORS 671.703 that becomes
final by operation of law or on appeal and remains unpaid for 20 days after the
order becomes final is an order in favor of the claimant against the landscape
contracting business and may be recorded with the county clerk in any county of
this state.

(3)
Upon receipt, the clerk shall record the order in the County Clerk Lien Record.
In addition to any other remedy provided by law, recording an order in the
County Clerk Lien Record pursuant to this section has the effect provided for
in ORS 205.125 and 205.126, and the order may be enforced as provided in ORS
205.125 and 205.126. [1979 c.840 §10; 1999 c.153 §1; 2007 c.149 §8; 2007 c.541 §38a]

671.710
Priority on satisfaction of claims. (1) Determinations by the State
Landscape Contractors Board or judgments against the surety bond, letter of
credit or deposit of a landscape contracting business for claims filed during a
90-day period shall be satisfied in the priority listed in subsections (2) to
(4) of this section. The payment of a claim filed during a 90-day period has
priority over any claim filed during a subsequent 90-day period. A 90-day
period begins on the date the first claim is filed with the board. A subsequent
90-day period begins on the date the first claim is filed with the board after
the close of the preceding 90-day period.

(2)
Determinations and judgments as a result of claims filed within a 90-day period
against a landscape contracting business by owners of property upon which
landscaping work was performed or was contracted to perform, or by the agents
of the owner, have payment priority to the full extent of the bond, letter of
credit or deposit over all other claims filed within the same 90-day period.

(3)
If the total of all claims filed against a landscape contracting business by
property owners or their agents under subsection (2) of this section within a
90-day period does not exhaust the bond, letter of credit or deposit, amounts
due as a result of all other claims filed within the same 90-day period may be
satisfied from the remainder of the bond, letter of credit or deposit, except
that the total amount paid from any one bond to nonowner claimants may not
exceed $3,000.

(4)
If the total of all claims against a landscape contracting business within a
single 90-day period exceeds the amount of the bond, letter of credit or
deposit available for payment of those claims, payment from the bond, letter of
credit or deposit shall be apportioned as the board determines, subject to the
claim payment priorities established under this section.

671.750
Portland metropolitan area business licenses. The Legislative Assembly intends
to reduce the number of city business licenses that a landscape contracting
business must obtain to conduct business in the Portland metropolitan area. The
purpose of this section and ORS 671.755 is to enable a landscape contracting
business to secure from the metropolitan service district one business license
that will permit the landscape contracting business to conduct business in
cities in which the landscape contracting business performs a limited amount of
work and in which it does not have a principal place of business. The Legislative
Assembly also intends that this section and ORS 671.755 apply only to landscape
contracting businesses without regard to any subsequent expansion of the
jurisdiction of the State Landscape Contractors Board over other businesses. It
is the policy of this state that, to the maximum extent possible consistent
with the requirements of this section and ORS 671.755, the cities within the
boundaries of the metropolitan service district be allowed to control the
imposition of business license taxes and to maintain the level of revenues
obtained from those taxes. The amount and trends of revenue produced or
distributed to each city is intended to reflect the landscape contracting
business activity within the participating cities. [2007 c.541 §46]

671.755
Issuance of business license by metropolitan service district; city business
license tax.
(1) As used in this section:

(a)
“Business license tax” means any fee paid by a person to a city or county for
any form of license that is required by the city or county in order to conduct
business in that city or county. “Business license tax” does not mean a
franchise fee or privilege tax imposed by a city upon a public utility under
ORS 221.420 or 221.450 or under a city charter.

(b)
“Conducting business” means engaging directly, or through officers, agents and
employees, in an activity in pursuit of gain.

(c)
“Principal place of business” means the location in this state of the central
administrative office of a person conducting business in this state.

(d)
“Within a metropolitan service district” means that city limits are wholly or
partially inside district boundaries.

(2)
A landscape contracting business shall pay directly to any city within a
metropolitan service district any business license tax imposed by the city if:

(a)
The landscape contracting business has its principal place of business within
the city; or

(b)
The landscape contracting business does not have its principal place of
business within the city but derives gross receipts of $250,000 or more from
conducting business within the city during the calendar year for which the tax
is owed.

(3)
A landscape contracting business may apply for a business license from a
metropolitan service district if the business conducts business in a city that
is within the district but that is not a city to which the business directly
pays a business license tax for that year.

(4)
The metropolitan service district shall issue a business license to a landscape
contracting business if:

(a)
The business proves to the district that the business has directly paid the
business license tax imposed by each city within the district to which the
business must directly pay a business license tax; and

(b)
The business pays a license fee to the district.

(5)
The license fee charged under subsection (4) of this section shall be twice the
average business license tax charged to landscape contracting businesses by
cities located within the metropolitan service district plus an amount that is
sufficient to reimburse the district for the administrative expenses of the
district incurred in carrying out its duties under this section.

(6)
If a landscape contracting business is issued a business license by the
metropolitan service district under subsection (4) of this section, and a city
within the district other than a city described in subsection (2) of this
section demands that the business pay a business license tax, the demanding
city shall waive payment of the tax if the business proves by possession or
otherwise that the business has a business license issued by the metropolitan
service district for the calendar year for which the tax is owed.

(7)
The metropolitan service district shall distribute the business license fees
collected by the district under this section, less administrative expenses, to
the cities within the district that collect a business license tax. In any
year, each of the cities shall receive a share of the license fees based upon
the proportion that the number of residential building permits the city issued
during the year bears to the total number of residential building permits
issued during the year by all of the cities within the district. The district
shall determine the number of residential building permits issued by cities
within the district from statistics and other data published by the State
Housing Council. A district shall distribute moneys under this subsection at
least once each year. [2007 c.541 §47]

671.760
Business income tax.
(1) As used in this section, “business license tax” has the meaning given that
term in ORS 671.755.

(2)
A city that imposes a business license tax based on or measured by adjusted net
income earned by conducting business within the city is exempt from ORS
671.755. [2007 c.541 §48]

671.992
Criminal penalties for violations of ORS 671.310 to 671.459. Violation of
any provision of ORS 671.310 to 671.459, or any rule of the State Landscape
Architect Board adopted thereunder, is a Class A misdemeanor. [2001 c.950 §8;
2003 c.14 §426; 2011 c.597 §276]

671.995
Civil penalties for violations of ORS 671.310 to 671.459. (1) The State
Landscape Architect Board may impose a civil penalty against any person who
violates any provision of ORS 671.310 to 671.459 or any rule adopted
thereunder. The penalty shall be imposed in the manner provided by ORS 183.745.
The board shall determine the amount of a civil penalty imposed under this
section, not to exceed $5,000 for each offense. Notwithstanding ORS 670.335,
civil penalties recovered under this section shall be deposited into an account
established by the board as provided under ORS 182.470. Moneys deposited are
appropriated continuously to the board for the administration and enforcement
of ORS 182.456 to 182.472, 671.310 to 671.459 and 671.995. The Attorney General
shall bring an action in the name of the State of Oregon in a court of
appropriate jurisdiction to enforce any civil penalty imposed under this
section.

(2)
In determining the amount of a civil penalty imposed under this section, the
board may consider:

(a)
The seriousness of the violation;

(b)
The economic benefit to the violator resulting from the violation;

(c)
Whether the violator has previously committed violations; and

(d)
Other factors that the board finds appropriate. [Formerly 671.950]

671.997
Civil penalties for violations of ORS 671.510 to 671.760. (1) Except as
provided in subsection (4) of this section, a person who violates any provision
of ORS 671.510 to 671.760 or a rule adopted pursuant to ORS 670.310, 670.605 or
671.670 shall forfeit and pay to the State Landscape Contractors Board a civil
penalty in an amount determined by the board of not more than $2,000 for each
offense.

(2)
The board shall impose civil penalties under this section as provided in ORS
183.745.

(3)
The provisions of this section are in addition to and not in lieu of any other
penalty or sanction provided by law.

(4)
If a landscape contracting business commits an act described under ORS 671.610
(5), the board shall impose penalties and sanctions on both the landscape
contracting business to which the contract is awarded and the landscape
contracting business that awards the contract as follows:

(a)
A civil penalty of not less than $500 nor more than $1,000 for a first offense;

(b)
A civil penalty of not less than $1,000 nor more than $2,000 for a second
offense;

(c)
Suspension of license or refusal to reissue license for six months for a third
offense;